Public Act 099-0876
 
HB5973 EnrolledLRB099 19442 SMS 43834 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Funeral Directors and Embalmers Licensing
Code is amended by changing Section 15-75 and by adding Section
15-72 as follows:
 
    (225 ILCS 41/15-72 new)
    Sec. 15-72. Applicant convictions.
    (a) When reviewing a conviction by plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or by sentencing of an initial applicant, the
Department may only deny a license based upon consideration of
mitigating factors provided in subsection (c) of this Section
for a felony directly related to the practice of funeral
directing and embalming.
    (b) The following crimes or similar offenses in any other
jurisdiction are hereby deemed directly related to the practice
of funeral directing and embalming:
        (1) first degree murder;
        (2) second degree murder;
        (3) drug induced homicide;
        (4) unlawful restraint;
        (5) aggravated unlawful restraint;
        (6) forcible detention;
        (7) involuntary servitude;
        (8) involuntary sexual servitude of a minor;
        (9) predatory criminal sexual assault of a child;
        (10) aggravated criminal sexual assault;
        (11) criminal sexual assault;
        (12) criminal sexual abuse;
        (13) aggravated kidnaping;
        (14) aggravated robbery;
        (15) armed robbery;
        (16) kidnapping;
        (17) aggravated battery;
        (18) aggravated vehicular hijacking;
        (19) terrorism;
        (20) causing a catastrophe;
        (21) possession of a deadly substance;
        (22) making a terrorist threat;
        (23) material support for terrorism;
        (24) hindering prosecution of terrorism;
        (25) armed violence;
        (26) any felony based on consumer fraud or deceptive
    business practices under the Consumer Fraud and Deceptive
    Business Practices Act;
        (27) any felony requiring registration as a sex
    offender under the Sex Offender Registration Act;
        (28) attempt of any the offenses set forth in
    paragraphs (1) through (27) of this subsection (b); and
        (29) convictions set forth in Section 15-75 of this
    Code.
    (c) The Department shall consider any mitigating factors
contained in the record, when determining the appropriate
disciplinary sanction, if any, to be imposed. In addition to
those set forth in Section 2105-130 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois, mitigating factors shall include the following:
        (1) the bearing, if any, the criminal offense or
    offenses for which the person was previously convicted will
    have on his or her fitness or ability to perform one or
    more such duties and responsibilities;
        (2) the time that has elapsed since the criminal
    conviction; and
        (3) the age of the person at the time of the criminal
    conviction.
    (d) The Department shall issue an annual report by January
31, 2018 and by January 31 each year thereafter, indicating the
following:
        (1) the number of initial applicants for a license
    under this Code within the preceding calendar year;
        (2) the number of initial applicants for a license
    under this Code within the previous calendar year who had a
    conviction;
        (3) the number of applicants with a conviction who were
    granted a license under this Code within the previous year;
        (4) the number of applicants denied a license under
    this Code within the preceding calendar year; and
        (5) the number of applicants denied a license under
    this Code solely on the basis of a conviction within the
    preceding calendar year.
    (e) Nothing in this Section shall prevent the Department
taking disciplinary or non-disciplinary action against a
license as set forth in paragraph (2) of subsection (b) of
Section 15-175 of this Code.
 
    (225 ILCS 41/15-75)
    (Section scheduled to be repealed on January 1, 2023)
    Sec. 15-75. Violations; grounds for discipline; penalties.
    (a) Each of the following acts is a Class A misdemeanor for
the first offense, and a Class 4 felony for each subsequent
offense. These penalties shall also apply to unlicensed owners
of funeral homes.
        (1) Practicing the profession of funeral directing and
    embalming or funeral directing, or attempting to practice
    the profession of funeral directing and embalming or
    funeral directing without a license as a funeral director
    and embalmer or funeral director.
        (2) Serving or attempting to serve as an intern under a
    licensed funeral director and embalmer without a license as
    a licensed funeral director and embalmer intern.
        (3) Obtaining or attempting to obtain a license,
    practice or business, or any other thing of value, by fraud
    or misrepresentation.
        (4) Permitting any person in one's employ, under one's
    control or in or under one's service to serve as a funeral
    director and embalmer, funeral director, or funeral
    director and embalmer intern when the person does not have
    the appropriate license.
        (5) Failing to display a license as required by this
    Code.
        (6) Giving false information or making a false oath or
    affidavit required by this Code.
    (b) The Department may refuse to issue or renew, revoke,
suspend, place on probation or administrative supervision,
reprimand, or take other disciplinary or non-disciplinary
action as the Department may deem appropriate, including
imposing fines not to exceed $10,000 for each violation, with
regard to any license under the Code for any one or combination
of the following:
        (1) Fraud or any misrepresentation in applying for or
    procuring a license under this Code or in connection with
    applying for renewal of a license under this Code.
        (2) For licenses, conviction Conviction by plea of
    guilty or nolo contendere, finding of guilt, jury verdict,
    or entry of judgment or by sentencing of any crime,
    including, but not limited to, convictions, preceding
    sentences of supervision, conditional discharge, or first
    offender probation, under the laws of any jurisdiction of
    the United States: (i) that is a felony or (ii) that is a
    misdemeanor, an essential element of which is dishonesty,
    or that is directly related to the practice of the
    profession and, for initial applicants, convictions set
    forth in Section 15-72 of this Act.
        (3) Violation of the laws of this State relating to the
    funeral, burial or disposition of deceased human bodies or
    of the rules and regulations of the Department, or the
    Department of Public Health.
        (4) Directly or indirectly paying or causing to be paid
    any sum of money or other valuable consideration for the
    securing of business or for obtaining authority to dispose
    of any deceased human body.
        (5) Professional incompetence, gross negligence,
    malpractice, or untrustworthiness in the practice of
    funeral directing and embalming or funeral directing.
        (6) (Blank).
        (7) Engaging in, promoting, selling, or issuing burial
    contracts, burial certificates, or burial insurance
    policies in connection with the profession as a funeral
    director and embalmer, funeral director, or funeral
    director and embalmer intern in violation of any laws of
    the State of Illinois.
        (8) Refusing, without cause, to surrender the custody
    of a deceased human body upon the proper request of the
    person or persons lawfully entitled to the custody of the
    body.
        (9) Taking undue advantage of a client or clients as to
    amount to the perpetration of fraud.
        (10) Engaging in funeral directing and embalming or
    funeral directing without a license.
        (11) Encouraging, requesting, or suggesting by a
    licensee or some person working on his behalf and with his
    consent for compensation that a person utilize the services
    of a certain funeral director and embalmer, funeral
    director, or funeral establishment unless that information
    has been expressly requested by the person. This does not
    prohibit general advertising or pre-need solicitation.
        (12) Making or causing to be made any false or
    misleading statements about the laws concerning the
    disposition of human remains, including, but not limited
    to, the need to embalm, the need for a casket for cremation
    or the need for an outer burial container.
        (13) (Blank).
        (14) Embalming or attempting to embalm a deceased human
    body without express prior authorization of the person
    responsible for making the funeral arrangements for the
    body. This does not apply to cases where embalming is
    directed by local authorities who have jurisdiction or when
    embalming is required by State or local law. A licensee may
    embalm without express prior authorization if a good faith
    effort has been made to contact family members and has been
    unsuccessful and the licensee has no reason to believe the
    family opposes embalming.
        (15) Making a false statement on a Certificate of Death
    where the person making the statement knew or should have
    known that the statement was false.
        (16) Soliciting human bodies after death or while death
    is imminent.
        (17) Performing any act or practice that is a violation
    of this Code, the rules for the administration of this
    Code, or any federal, State or local laws, rules, or
    regulations governing the practice of funeral directing or
    embalming.
        (18) Performing any act or practice that is a violation
    of Section 2 of the Consumer Fraud and Deceptive Business
    Practices Act.
        (19) Engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud or harm the public.
        (20) Taking possession of a dead human body without
    having first obtained express permission from the person
    holding the right to control the disposition in accordance
    with Section 5 of the Disposition of Remains Act or a
    public agency legally authorized to direct, control or
    permit the removal of deceased human bodies.
        (21) Advertising in a false or misleading manner or
    advertising using the name of an unlicensed person in
    connection with any service being rendered in the practice
    of funeral directing or funeral directing and embalming.
    The use of any name of an unlicensed or unregistered person
    in an advertisement so as to imply that the person will
    perform services is considered misleading advertising.
    Nothing in this paragraph shall prevent including the name
    of any owner, officer or corporate director of a funeral
    home, who is not a licensee, in any advertisement used by a
    funeral home with which the individual is affiliated, if
    the advertisement specifies the individual's affiliation
    with the funeral home.
        (22) Charging for professional services not rendered,
    including filing false statements for the collection of
    fees for which services are not rendered.
        (23) Failing to account for or remit any monies,
    documents, or personal property that belongs to others that
    comes into a licensee's possession.
        (24) Treating any person differently to his detriment
    because of race, color, creed, gender, religion, or
    national origin.
        (25) Knowingly making any false statements, oral or
    otherwise, of a character likely to influence, persuade or
    induce others in the course of performing professional
    services or activities.
        (26) Willfully making or filing false records or
    reports in the practice of funeral directing and embalming,
    including, but not limited to, false records filed with
    State agencies or departments.
        (27) Failing to acquire continuing education required
    under this Code.
        (28) (Blank).
        (29) Aiding or assisting another person in violating
    any provision of this Code or rules adopted pursuant to
    this Code.
        (30) Failing within 10 days, to provide information in
    response to a written request made by the Department.
        (31) Discipline by another state, District of
    Columbia, territory, foreign nation, or governmental
    agency, if at least one of the grounds for the discipline
    is the same or substantially equivalent to those set forth
    in this Section.
        (32) (Blank).
        (33) Mental illness or disability which results in the
    inability to practice the profession with reasonable
    judgment, skill, or safety.
        (34) Gross, willful, or continued overcharging for
    professional services, including filing false statements
    for collection of fees for which services are not rendered.
        (35) Physical illness, including, but not limited to,
    deterioration through the aging process or loss of motor
    skill which results in a licensee's inability to practice
    under this Code with reasonable judgment, skill, or safety.
        (36) Failing to comply with any of the following
    required activities:
            (A) When reasonably possible, a funeral director
        licensee or funeral director and embalmer licensee or
        anyone acting on his or her behalf shall obtain the
        express authorization of the person or persons
        responsible for making the funeral arrangements for a
        deceased human body prior to removing a body from the
        place of death or any place it may be or embalming or
        attempting to embalm a deceased human body, unless
        required by State or local law. This requirement is
        waived whenever removal or embalming is directed by
        local authorities who have jurisdiction. If the
        responsibility for the handling of the remains
        lawfully falls under the jurisdiction of a public
        agency, then the regulations of the public agency shall
        prevail.
            (B) A licensee shall clearly mark the price of any
        casket offered for sale or the price of any service
        using the casket on or in the casket if the casket is
        displayed at the funeral establishment. If the casket
        is displayed at any other location, regardless of
        whether the licensee is in control of that location,
        the casket shall be clearly marked and the registrant
        shall use books, catalogues, brochures, or other
        printed display aids to show the price of each casket
        or service.
            (C) At the time funeral arrangements are made and
        prior to rendering the funeral services, a licensee
        shall furnish a written statement of services to be
        retained by the person or persons making the funeral
        arrangements, signed by both parties, that shall
        contain: (i) the name, address and telephone number of
        the funeral establishment and the date on which the
        arrangements were made; (ii) the price of the service
        selected and the services and merchandise included for
        that price; (iii) a clear disclosure that the person or
        persons making the arrangement may decline and receive
        credit for any service or merchandise not desired and
        not required by law or the funeral director or the
        funeral director and embalmer; (iv) the supplemental
        items of service and merchandise requested and the
        price of each item; (v) the terms or method of payment
        agreed upon; and (vi) a statement as to any monetary
        advances made by the registrant on behalf of the
        family. The licensee shall maintain a copy of the
        written statement of services in its permanent
        records. All written statements of services are
        subject to inspection by the Department.
            (D) In all instances where the place of final
        disposition of a deceased human body or the cremated
        remains of a deceased human body is a cemetery, the
        licensed funeral director and embalmer, or licensed
        funeral director, who has been engaged to provide
        funeral or embalming services shall remain at the
        cemetery and personally witness the placement of the
        human remains in their designated grave or the sealing
        of the above ground depository, crypt, or urn. The
        licensed funeral director or licensed funeral director
        and embalmer may designate a licensed funeral director
        and embalmer intern or representative of the funeral
        home to be his or her witness to the placement of the
        remains. If the cemetery authority, cemetery manager,
        or any other agent of the cemetery takes any action
        that prevents compliance with this paragraph (D), then
        the funeral director and embalmer or funeral director
        shall provide written notice to the Department within 5
        business days after failing to comply. If the
        Department receives this notice, then the Department
        shall not take any disciplinary action against the
        funeral director and embalmer or funeral director for a
        violation of this paragraph (D) unless the Department
        finds that the cemetery authority, manager, or any
        other agent of the cemetery did not prevent the funeral
        director and embalmer or funeral director from
        complying with this paragraph (D) as claimed in the
        written notice.
            (E) A funeral director or funeral director and
        embalmer shall fully complete the portion of the
        Certificate of Death under the responsibility of the
        funeral director or funeral director and embalmer and
        provide all required information. In the event that any
        reported information subsequently changes or proves
        incorrect, a funeral director or funeral director and
        embalmer shall immediately upon learning the correct
        information correct the Certificate of Death.
        (37) A finding by the Department that the license,
    after having his or her license placed on probationary
    status or subjected to conditions or restrictions,
    violated the terms of the probation or failed to comply
    with such terms or conditions.
        (38) (Blank).
        (39) Being named as a perpetrator in an indicated
    report by the Department of Children and Family Services
    pursuant to the Abused and Neglected Child Reporting Act
    and, upon proof by clear and convincing evidence, being
    found to have caused a child to be an abused child or
    neglected child as defined in the Abused and Neglected
    Child Reporting Act.
        (40) Habitual or excessive use or abuse of drugs
    defined in law as controlled substances, alcohol, or any
    other substance which results in the inability to practice
    with reasonable judgment, skill, or safety.
        (41) Practicing under a false or, except as provided by
    law, an assumed name.
        (42) Cheating on or attempting to subvert the licensing
    examination administered under this Code.
    (c) The Department may refuse to issue or renew or may
suspend without a hearing, as provided for in the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois, the license of any person who fails to file a return,
to pay the tax, penalty or interest shown in a filed return, or
to pay any final assessment of tax, penalty or interest as
required by any tax Act administered by the Illinois Department
of Revenue, until the time as the requirements of the tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Department of Professional Regulation Law of the
Civil Administrative Code of Illinois.
    (d) No action may be taken under this Code against a person
licensed under this Code unless the action is commenced within
5 years after the occurrence of the alleged violations. A
continuing violation shall be deemed to have occurred on the
date when the circumstances last existed that give rise to the
alleged violation.
    (e) Nothing in this Section shall be construed or enforced
to give a funeral director and embalmer, or his or her
designees, authority over the operation of a cemetery or over
cemetery employees. Nothing in this Section shall be construed
or enforced to impose duties or penalties on cemeteries with
respect to the timing of the placement of human remains in
their designated grave or the sealing of the above ground
depository, crypt, or urn due to patron safety, the allocation
of cemetery staffing, liability insurance, a collective
bargaining agreement, or other such reasons.
    (f) All fines imposed under this Section shall be paid 60
days after the effective date of the order imposing the fine.
    (g) The Department shall deny a license or renewal
authorized by this Code to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Department of Professional
Regulation Law of the Civil Administrative Code of Illinois.
    (h) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with item (5) of
subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
    (i) A person not licensed under this Code who is an owner
of a funeral establishment or funeral business shall not aid,
abet, assist, procure, advise, employ, or contract with any
unlicensed person to offer funeral services or aid, abet,
assist, or direct any licensed person contrary to or in
violation of any rules or provisions of this Code. A person
violating this subsection shall be treated as a licensee for
the purposes of disciplinary action under this Section and
shall be subject to cease and desist orders as provided in this
Code, the imposition of a fine up to $10,000 for each violation
and any other penalty provided by law.
    (j) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as amended, operates as an automatic suspension. The
suspension may end only upon a finding by a court that the
licensee is no longer subject to the involuntary admission or
judicial admission and issues an order so finding and
discharging the licensee, and upon the recommendation of the
Board to the Secretary that the licensee be allowed to resume
his or her practice.
    (k) In enforcing this Code, the Department, upon a showing
of a possible violation, may compel an individual licensed to
practice under this Code, or who has applied for licensure
under this Code, to submit to a mental or physical examination,
or both, as required by and at the expense of the Department.
The Department may order the examining physician to present
testimony concerning the mental or physical examination of the
licensee or applicant. No information shall be excluded by
reason of any common law or statutory privilege relating to
communications between the licensee or applicant and the
examining physician. The examining physician shall be
specifically designated by the Department. The individual to be
examined may have, at his or her own expense, another physician
of his or her choice present during all aspects of this
examination. The examination shall be performed by a physician
licensed to practice medicine in all its branches. Failure of
an individual to submit to a mental or physical examination,
when directed, shall result in an automatic suspension without
hearing.
    A person holding a license under this Code or who has
applied for a license under this Code who, because of a
physical or mental illness or disability, including, but not
limited to, deterioration through the aging process or loss of
motor skill, is unable to practice the profession with
reasonable judgment, skill, or safety, may be required by the
Department to submit to care, counseling, or treatment by
physicians approved or designated by the Department as a
condition, term, or restriction for continued, reinstated, or
renewed licensure to practice. Submission to care, counseling,
or treatment as required by the Department shall not be
considered discipline of a license. If the licensee refuses to
enter into a care, counseling, or treatment agreement or fails
to abide by the terms of the agreement, the Department may file
a complaint to revoke, suspend, or otherwise discipline the
license of the individual. The Secretary may order the license
suspended immediately, pending a hearing by the Department.
Fines shall not be assessed in disciplinary actions involving
physical or mental illness or impairment.
    In instances in which the Secretary immediately suspends a
person's license under this Section, a hearing on that person's
license must be convened by the Department within 15 days after
the suspension and completed without appreciable delay. The
Department shall have the authority to review the subject
individual's record of treatment and counseling regarding the
impairment to the extent permitted by applicable federal
statutes and regulations safeguarding the confidentiality of
medical records.
    An individual licensed under this Code and affected under
this Section shall be afforded an opportunity to demonstrate to
the Department that he or she can resume practice in compliance
with acceptable and prevailing standards under the provisions
of his or her license.
(Source: P.A. 97-1130, eff. 8-28-12; 98-756, eff. 7-16-14.)
 
    Section 10. The Illinois Roofing Industry Licensing Act is
amended by changing Section 9.1 and by adding Section 7.1 as
follows:
 
    (225 ILCS 335/7.1 new)
    Sec. 7.1. Applicant convictions.
    (a) When reviewing a conviction by plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or by sentencing of an initial applicant, the
Department may only deny a license based upon consideration of
mitigating factors provided in subsection (c) of this Section
for a felony directly related to the practice of roofing
contracting.
    (b) The following crimes or similar offenses in any other
jurisdiction are hereby deemed directly related to the practice
of roofing contracting:
        (1) first degree murder;
        (2) second degree murder;
        (3) drug induced homicide;
        (4) unlawful restraint;
        (5) aggravated unlawful restraint;
        (6) forcible detention;
        (7) involuntary servitude;
        (8) involuntary sexual servitude of a minor;
        (9) predatory criminal sexual assault of a child;
        (10) aggravated criminal sexual assault;
        (11) criminal sexual assault;
        (12) criminal sexual abuse;
        (13) aggravated kidnaping;
        (14) aggravated robbery;
        (15) armed robbery;
        (16) kidnapping;
        (17) aggravated battery;
        (18) aggravated vehicular hijacking;
        (19) home invasion;
        (20) terrorism;
        (21) causing a catastrophe;
        (22) possession of a deadly substance;
        (23) making a terrorist threat;
        (24) material support for terrorism;
        (25) hindering prosecution of terrorism;
        (26) armed violence;
        (27) any felony based on consumer fraud or deceptive
    business practices under the Consumer Fraud and Deceptive
    Business Practices Act;
        (28) any felony requiring registration as a sex
    offender under the Sex Offender Registration Act;
        (29) attempt of any the offenses set forth in
    paragraphs (1) through (28) of this subsection (b); and
        (30) convictions set forth in subsection (e) of Section
    5 or Section 9.8 of this Act.
    (c) The Department shall consider any mitigating factors
contained in the record, when determining the appropriate
disciplinary sanction, if any, to be imposed. In addition to
those set forth in Section 2105-130 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois, mitigating factors shall include the following:
        (1) the bearing, if any, the criminal offense or
    offenses for which the person was previously convicted will
    have on his or her fitness or ability to perform one or
    more such duties and responsibilities;
        (2) the time that has elapsed since the criminal
    conviction; and
        (3) the age of the person at the time of the criminal
    conviction.
    (d) The Department shall issue an annual report by January
31, 2018 and by January 31 each year thereafter, indicating the
following:
        (1) the number of initial applicants for a license
    under this Act within the preceding calendar year;
        (2) the number of initial applicants for a license
    under this Act within the previous calendar year who had a
    conviction;
        (3) the number of applicants with a conviction who were
    granted a license under this Act within the previous year;
        (4) the number of applicants denied a license under
    this Act within the preceding calendar year; and
        (5) the number of applicants denied a license under
    this Act solely on the basis of a conviction within the
    preceding calendar year.
    (e) Nothing in this Section shall prevent the Department
taking disciplinary or non-disciplinary action against a
license as set forth in Section 9.1 of this Act.
 
    (225 ILCS 335/9.1)  (from Ch. 111, par. 7509.1)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 9.1. Grounds for disciplinary action.
    (1) The Department may refuse to issue or to renew, or may
revoke, suspend, place on probation, reprimand or take other
disciplinary or non-disciplinary action as the Department may
deem proper, including fines not to exceed $10,000 for each
violation, with regard to any license for any one or
combination of the following:
        (a) violation of this Act or its rules;
        (b) for licensees, conviction or plea of guilty or nolo
    contendere, finding of guilt, jury verdict, or entry of
    judgment or sentencing of any crime, including, but not
    limited to, convictions, preceding sentences of
    supervision, conditional discharge, or first offender
    probation, under the laws of any jurisdiction of the United
    States that is (i) a felony or (ii) a misdemeanor, an
    essential element of which is dishonesty or that is
    directly related to the practice of the profession and, for
    initial applicants, convictions set forth in Section 7.1 of
    this Act;
        (c) fraud or any misrepresentation in applying for or
    procuring a license under this Act, or in connection with
    applying for renewal of a license under this Act;
        (d) professional incompetence or gross negligence in
    the practice of roofing contracting, prima facie evidence
    of which may be a conviction or judgment in any court of
    competent jurisdiction against an applicant or licensee
    relating to the practice of roofing contracting or the
    construction of a roof or repair thereof that results in
    leakage within 90 days after the completion of such work;
        (e) (blank);
        (f) aiding or assisting another person in violating any
    provision of this Act or rules;
        (g) failing, within 60 days, to provide information in
    response to a written request made by the Department;
        (h) engaging in dishonorable, unethical, or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public;
        (i) habitual or excessive use or abuse of controlled
    substances, as defined by the Illinois Controlled
    Substances Act, alcohol, or any other substance that
    results in the inability to practice with reasonable
    judgment, skill, or safety;
        (j) discipline by another state, unit of government, or
    government agency, the District of Columbia, a territory,
    or a foreign nation, if at least one of the grounds for the
    discipline is the same or substantially equivalent to those
    set forth in this Section;
        (k) directly or indirectly giving to or receiving from
    any person, firm, corporation, partnership, or association
    any fee, commission, rebate, or other form of compensation
    for any professional services not actually or personally
    rendered;
        (l) a finding by the Department that the licensee,
    after having his or her license disciplined, has violated
    the terms of the discipline;
        (m) a finding by any court of competent jurisdiction,
    either within or without this State, of any violation of
    any law governing the practice of roofing contracting, if
    the Department determines, after investigation, that such
    person has not been sufficiently rehabilitated to warrant
    the public trust;
        (n) willfully making or filing false records or reports
    in the practice of roofing contracting, including, but not
    limited to, false records filed with the State agencies or
    departments;
        (o) practicing, attempting to practice, or advertising
    under a name other than the full name as shown on the
    license or any other legally authorized name;
        (p) gross and willful overcharging for professional
    services including filing false statements for collection
    of fees or monies for which services are not rendered;
        (q) (blank);
        (r) (blank);
        (s) failure to continue to meet the requirements of
    this Act shall be deemed a violation;
        (t) physical or mental disability, including
    deterioration through the aging process or loss of
    abilities and skills that result in an inability to
    practice the profession with reasonable judgment, skill,
    or safety;
        (u) material misstatement in furnishing information to
    the Department or to any other State agency;
        (v) (blank);
        (w) advertising in any manner that is false,
    misleading, or deceptive;
        (x) taking undue advantage of a customer, which results
    in the perpetration of a fraud;
        (y) performing any act or practice that is a violation
    of the Consumer Fraud and Deceptive Business Practices Act;
        (z) engaging in the practice of roofing contracting, as
    defined in this Act, with a suspended, revoked, or
    cancelled license;
        (aa) treating any person differently to the person's
    detriment because of race, color, creed, gender, age,
    religion, or national origin;
        (bb) knowingly making any false statement, oral,
    written, or otherwise, of a character likely to influence,
    persuade, or induce others in the course of obtaining or
    performing roofing contracting services;
        (cc) violation of any final administrative action of
    the Secretary;
        (dd) allowing the use of his or her roofing license by
    an unlicensed roofing contractor for the purposes of
    providing roofing or waterproofing services; or
        (ee) (blank);
        (ff) cheating or attempting to subvert a licensing
    examination administered under this Act; or
        (gg) use of a license to permit or enable an unlicensed
    person to provide roofing contractor services.
    (2) The determination by a circuit court that a license
holder is subject to involuntary admission or judicial
admission, as provided in the Mental Health and Developmental
Disabilities Code, operates as an automatic suspension. Such
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission, an order by the court so finding and
discharging the patient, and the recommendation of the Board to
the Director that the license holder be allowed to resume his
or her practice.
    (3) The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, to pay the tax, penalty, or interest shown in a filed
return, or to pay any final assessment of tax, penalty, or
interest as required by any tax Act administered by the
Department of Revenue, until such time as the requirements of
any such tax Act are satisfied as determined by the Department
of Revenue.
    (4) In enforcing this Section, the Department, upon a
showing of a possible violation, may compel any individual who
is licensed under this Act or any individual who has applied
for licensure to submit to a mental or physical examination or
evaluation, or both, which may include a substance abuse or
sexual offender evaluation, at the expense of the Department.
The Department shall specifically designate the examining
physician licensed to practice medicine in all of its branches
or, if applicable, the multidisciplinary team involved in
providing the mental or physical examination and evaluation.
The multidisciplinary team shall be led by a physician licensed
to practice medicine in all of its branches and may consist of
one or more or a combination of physicians licensed to practice
medicine in all of its branches, licensed chiropractic
physicians, licensed clinical psychologists, licensed clinical
social workers, licensed clinical professional counselors, and
other professional and administrative staff. Any examining
physician or member of the multidisciplinary team may require
any person ordered to submit to an examination and evaluation
pursuant to this Section to submit to any additional
supplemental testing deemed necessary to complete any
examination or evaluation process, including, but not limited
to, blood testing, urinalysis, psychological testing, or
neuropsychological testing.
    (5) The Department may order the examining physician or any
member of the multidisciplinary team to provide to the
Department any and all records, including business records,
that relate to the examination and evaluation, including any
supplemental testing performed. The Department may order the
examining physician or any member of the multidisciplinary team
to present testimony concerning this examination and
evaluation of the licensee or applicant, including testimony
concerning any supplemental testing or documents relating to
the examination and evaluation. No information, report,
record, or other documents in any way related to the
examination and evaluation shall be excluded by reason of any
common law or statutory privilege relating to communication
between the licensee or applicant and the examining physician
or any member of the multidisciplinary team. No authorization
is necessary from the licensee or applicant ordered to undergo
an evaluation and examination for the examining physician or
any member of the multidisciplinary team to provide
information, reports, records, or other documents or to provide
any testimony regarding the examination and evaluation. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination.
    (6) Failure of any individual to submit to mental or
physical examination or evaluation, or both, when directed,
shall result in an automatic suspension without hearing until
such time as the individual submits to the examination. If the
Department finds a licensee unable to practice because of the
reasons set forth in this Section, the Department shall require
the licensee to submit to care, counseling, or treatment by
physicians approved or designated by the Department as a
condition for continued, reinstated, or renewed licensure.
    (7) When the Secretary immediately suspends a license under
this Section, a hearing upon such person's license must be
convened by the Department within 15 days after the suspension
and completed without appreciable delay. The Department shall
have the authority to review the licensee's record of treatment
and counseling regarding the impairment to the extent permitted
by applicable federal statutes and regulations safeguarding
the confidentiality of medical records.
    (8) Licensees affected under this Section shall be afforded
an opportunity to demonstrate to the Department that they can
resume practice in compliance with acceptable and prevailing
standards under the provisions of their license.
    (9) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with paragraph (5) of
subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
    (10) In cases where the Department of Healthcare and Family
Services has previously determined a licensee or a potential
licensee is more than 30 days delinquent in the payment of
child support and has subsequently certified the delinquency to
the Department, the Department may refuse to issue or renew or
may revoke or suspend that person's license or may take other
disciplinary action against that person based solely upon the
certification of delinquency made by the Department of
Healthcare and Family Services in accordance with paragraph (5)
of subsection (a) of Section 2105-15 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
    The changes to this Act made by this amendatory Act of 1997
apply only to disciplinary actions relating to events occurring
after the effective date of this amendatory Act of 1997.
(Source: P.A. 99-469, eff. 8-26-15.)
 
    Section 15. The Barber, Cosmetology, Esthetics, Hair
Braiding, and Nail Technology Act of 1985 is amended by
changing Section 4-7 and by adding Section 4-6.1 as follows:
 
    (225 ILCS 410/4-6.1 new)
    Sec. 4-6.1. Applicant convictions.
    (a) When reviewing a conviction by plea of guilty or nolo
contendere, finding of guilt, jury verdict, or entry of
judgment or by sentencing of an initial applicant, the
Department may only deny a license based upon consideration of
mitigating factors provided in subsection (c) of this Section
for a felony directly related to the practice of cosmetology,
esthetics, hair braiding, nail technology, and barbering.
    (b) The following crimes or similar offenses in any other
jurisdiction are hereby deemed directly related to the practice
of cosmetology, esthetics, hair braiding, nail technology, and
barbering:
        (1) first degree murder;
        (2) second degree murder;
        (3) drug induced homicide;
        (4) unlawful restraint;
        (5) aggravated unlawful restraint;
        (6) forcible detention;
        (7) involuntary servitude;
        (8) involuntary sexual servitude of a minor;
        (9) predatory criminal sexual assault of a child;
        (10) aggravated criminal sexual assault;
        (11) criminal sexual assault;
        (12) criminal sexual abuse;
        (13) aggravated kidnaping;
        (14) aggravated robbery;
        (15) armed robbery;
        (16) kidnapping;
        (17) aggravated battery;
        (18) aggravated vehicular hijacking;
        (19) terrorism;
        (20) causing a catastrophe;
        (21) possession of a deadly substance;
        (22) making a terrorist threat;
        (23) material support for terrorism;
        (24) hindering prosecution of terrorism;
        (25) armed violence;
        (26) any felony based on consumer fraud or deceptive
    business practices under the Consumer Fraud and Deceptive
    Business Practices Act;
        (27) any felony requiring registration as a sex
    offender under the Sex Offender Registration Act;
        (28) attempt of any the offenses set forth in
    paragraphs (1) through (27) of this subsection (b); and
        (29) convictions set forth in Section 4-20 of this Act.
    (c) The Department shall consider any mitigating factors
contained in the record, when determining the appropriate
disciplinary sanction, if any, to be imposed. In addition to
those set forth in Section 2105-130 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois, mitigating factors shall include the following:
        (1) the bearing, if any, the criminal offense or
    offenses for which the person was previously convicted will
    have on his or her fitness or ability to perform one or
    more such duties and responsibilities;
        (2) the time that has elapsed since the criminal
    conviction; and
        (3) the age of the person at the time of the criminal
    conviction.
    (d) The Department shall issue an annual report by January
31, 2018 and by January 31 each year thereafter, indicating the
following:
        (1) the number of initial applicants for a license
    under this Act within the preceding calendar year;
        (2) the number of initial applicants for a license
    under this Act within the previous calendar year who had a
    conviction;
        (3) the number of applicants with a conviction who were
    granted a license under this Act within the previous year;
        (4) the number of applicants denied a license under
    this Act within the preceding calendar year; and
        (5) the number of applicants denied a license under
    this Act solely on the basis of a conviction within the
    preceding calendar year.
    (e) Nothing in this Section shall prevent the Department
taking disciplinary or non-disciplinary action against a
license as set forth in paragraph (2) of subsection (1) of
Section 4-7 of this Act.
 
    (225 ILCS 410/4-7)  (from Ch. 111, par. 1704-7)
    (Section scheduled to be repealed on January 1, 2026)
    Sec. 4-7. Refusal, suspension and revocation of licenses;
causes; disciplinary action.
    (1) The Department may refuse to issue or renew, and may
suspend, revoke, place on probation, reprimand or take any
other disciplinary or non-disciplinary action as the
Department may deem proper, including civil penalties not to
exceed $500 for each violation, with regard to any license for
any one, or any combination, of the following causes:
        a. For licensees, conviction Conviction of any crime
    under the laws of the United States or any state or
    territory thereof that is (i) a felony, (ii) a misdemeanor,
    an essential element of which is dishonesty, or (iii) a
    crime which is related to the practice of the profession
    and, for initial applicants, convictions set forth in
    Section 4-6.1 of this Act.
        b. Conviction of any of the violations listed in
    Section 4-20.
        c. Material misstatement in furnishing information to
    the Department.
        d. Making any misrepresentation for the purpose of
    obtaining a license or violating any provision of this Act
    or its rules.
        e. Aiding or assisting another person in violating any
    provision of this Act or its rules.
        f. Failing, within 60 days, to provide information in
    response to a written request made by the Department.
        g. Discipline by another state, territory, or country
    if at least one of the grounds for the discipline is the
    same as or substantially equivalent to those set forth in
    this Act.
        h. Practice in the barber, nail technology, esthetics,
    hair braiding, or cosmetology profession, or an attempt to
    practice in those professions, by fraudulent
    misrepresentation.
        i. Gross malpractice or gross incompetency.
        j. Continued practice by a person knowingly having an
    infectious or contagious disease.
        k. Solicitation of professional services by using
    false or misleading advertising.
        l. A finding by the Department that the licensee, after
    having his or her license placed on probationary status,
    has violated the terms of probation.
        m. Directly or indirectly giving to or receiving from
    any person, firm, corporation, partnership or association
    any fee, commission, rebate, or other form of compensation
    for any professional services not actually or personally
    rendered.
        n. Violating any of the provisions of this Act or rules
    adopted pursuant to this Act.
        o. Willfully making or filing false records or reports
    relating to a licensee's practice, including but not
    limited to, false records filed with State agencies or
    departments.
        p. Habitual or excessive use or addiction to alcohol,
    narcotics, stimulants, or any other chemical agent or drug
    that results in the inability to practice with reasonable
    judgment, skill or safety.
        q. Engaging in dishonorable, unethical or
    unprofessional conduct of a character likely to deceive,
    defraud, or harm the public as may be defined by rules of
    the Department, or violating the rules of professional
    conduct which may be adopted by the Department.
        r. Permitting any person to use for any unlawful or
    fraudulent purpose one's diploma or license or certificate
    of registration as a cosmetologist, nail technician,
    esthetician, hair braider, or barber or cosmetology, nail
    technology, esthetics, hair braiding, or barber teacher or
    salon or shop or cosmetology clinic teacher.
        s. Being named as a perpetrator in an indicated report
    by the Department of Children and Family Services under the
    Abused and Neglected Child Reporting Act and upon proof by
    clear and convincing evidence that the licensee has caused
    a child to be an abused child or neglected child as defined
    in the Abused and Neglected Child Reporting Act.
        t. Operating a salon or shop without a valid
    registration.
        u. Failure to complete required continuing education
    hours.
    (2) In rendering an order, the Secretary shall take into
consideration the facts and circumstances involving the type of
acts or omissions in paragraph (1) of this Section including,
but not limited to:
        (a) the extent to which public confidence in the
    cosmetology, nail technology, esthetics, hair braiding, or
    barbering profession was, might have been, or may be,
    injured;
        (b) the degree of trust and dependence among the
    involved parties;
        (c) the character and degree of harm which did result
    or might have resulted;
        (d) the intent or mental state of the licensee at the
    time of the acts or omissions.
    (3) The Department may reissue the license or registration
upon certification by the Board that the disciplined licensee
or registrant has complied with all of the terms and conditions
set forth in the final order or has been sufficiently
rehabilitated to warrant the public trust.
    (4) The Department shall refuse to issue or renew or
suspend without hearing the license or certificate of
registration of any person who fails to file a return, or to
pay the tax, penalty or interest shown in a filed return, or to
pay any final assessment of tax, penalty or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirements of any such tax
Act are satisfied as determined by the Department of Revenue.
    (5) The Department shall deny without hearing any
application for a license or renewal of a license under this
Act by a person who has defaulted on an educational loan
guaranteed by the Illinois Student Assistance Commission;
however, the Department may issue or renew a license if the
person in default has established a satisfactory repayment
record as determined by the Illinois Student Assistance
Commission.
    (6) All fines imposed under this Section shall be paid
within 60 days after the effective date of the order imposing
the fine or in accordance with the terms set forth in the order
imposing the fine.
(Source: P.A. 98-911, eff. 1-1-15; 99-427, eff. 8-21-15.)
 
    Section 99. Effective date. This Act takes effect January
1, 2017.